Terms and Conditions
CAREFYL General Terms and Conditions (GTC)
1.1 The online portal CAREFYL for modern online fitness training is an offer of CAREFYL – Alexandra Potthoff (hereinafter: “CAREFYL”).
1.2 These General Terms and Conditions (“GTC) apply to the contractual relationship between CAREFYL and the user (hereinafter: “User” or “You”) for the use of this offer. Even if CAREFYL does not expressly object to deviating GTC of the User, such shall not become a part of the contract.
- Close of Contract and Contractual Relationships; Registration Prerequisites; Change of the GTC
2.1 The prerequisite for the use of CAREFYL’s offer (service packages subject to cost and/or free trial offers or other services) is that the User registers with CAREFYL. CAREFYL can offer free try-outs of CAREFYL’ contents or services during a trial period either in the form of independent offers or upon free registration, or in combination with closing a contract for a service package subject to cost. Irrespective of any agreements providing otherwise, there is no entitlement to a free trial.
2.2 The contract will become effective by CAREFYL’s confirmation of the User’s registration (“Registration”) or CAREFYL’s acceptance of the User’s order. CAREFYL can also confirm the registration or accept the User’s order by activating the respective offer. CAREFYL will confirm the order of a service package subject to cost in accordance with the legal regulations; this order confirmation does not constitute an acceptance of the order yet.
2.3 The terms of the contract will not be stored by CAREFYL for the User, without prejudice to the statutory information requirements.
2.4 The User must have unrestricted contractual capacity or must act with the agreement of his/her legal representative. The User must have completed at least his/her 14th year in all cases.
2.5 We reserve the right to modify these Terms from time to time. If we modify these Terms, we will indicate that we have done so on the CAREFYL website at www.carefyl.com or otherwise provide you notice. It is your responsibility to review these Terms regularly. Use of the Service after the effective date of a modification constitutes your acceptance of any modified Terms.
- Scope of Service
3.1 Insofar as a contract has been concluded for a service package subject to cost, CAREFYL shall provide the agreed services. Where CAREFYL provides contents and/or services beyond this on a voluntary basis, this will be done without assumption of any legal obligation to do so and CAREFYL shall be entitled to modify, expand or limit these services at any time.
3.2 The User is permitted to access agreed contents of CAREFYL without limitation to the region.
3.3 CAREFYL assures a 99% availability of its online offer calculated on the calendar year. CAREFYL’s calculation leaves any outages outside of consideration, which occur because of necessary maintenance work or due to acts of god, technical failures of the internet or for any other reasons outside of CAREFYL’s responsibility.
3.4 CAREFYL does not undertake to make data backups for the User and does not extend any assurances, guarantees or warranties beyond the legal regulations, unless agreed otherwise in the individual case.
- User’s Duties and Obligations, Prohibited Behavior
4.1 The User may use CAREFYL’s offer exclusively for his/her private purposes. Commercial or business use is prohibited.
4.2 The User undertakes to provide information truthfully and completely and to keep this information up to date during the term of the contract by adjusting the information or notifying CAREFYL.
4.3 Only one registration may be maintained per person.
4.4 The User is obligated to keep his/her login data secret and not to pass it on to third parties. It is prohibited to provide third parties a possibility to use the registration and/or a service package subject to cost.
4.5 The User is obligated to observe the existing copyrights and other rights on the contents of service packages subject to cost and the other contents in CAREFYL’s offer. He/she may not reproduce, disseminate or make these contents publicly accessible or remove any technical protection measures or copyright markings or rights symbols, unless this is expressly permitted.
4.6 The User is obligated to make hard and software and a broadband internet connection for the retrieval of the agreed contents or services from the offer of CAREFYL available at his/her own cost.
4.7 If You are suffering from diabetes or if You are pregnant or suffer from abnormal obesity, You may use CAREFYL’s offer for training only if a physician has confirmed to You that the training is harmless.
- Terms of Payment, Delay, Offsetting and Right of Withholding
5.1 All agreed compensation is understood including the statutory value added tax. Shipment costs will not be incurred. CAREFYL is entitled to transmit electronic invoices. The booking of a personal training online is not in the price included and will be charged additionally.
5.2 CAREFYL may at any time and at our own discretion, in our sole discretion, change the fees and charges, or add new fees and charges, in relation to any of the Services. We will notify all affected customers by email at least 30 calendar days in advance of any such change. If you do not agree to the change, you may cancel your membership as described below.
5.3 If payment in one complete sum for a certain period has been agreed, the total sum shall be due in the beginning of the period, unless agreed otherwise. For the rest, the agreed fees shall be due immediately, unless agreed otherwise.
5.4 Payment is permissible exclusively using the agreed payment instrument. By agreeing to the direct debit procedure, the User authorizes CAREFYL to collect payments owed by him/her from the indicated account of the User.
5.5 The User shall have a right to offset only to the extent that his/her counter claim against CAREFYL has been found valid by final and absolute judgment or if it is uncontested or acknowledged. The user shall have a right of withholding only if and insofar as his/her counter claim is based on the same contractual relationship.
5.6 If a user does not fulfil a due payment obligation to CAREFYL, CAREFYL will have the right to block the User’s access temporarily until the owed payment is received, after giving prior warning and without prejudice to further statutory and contractual rights. In that case, the term of the contract shall remain unaffected by the temporary block.
5.7 The User shall refund CAREFYL for the losses and required expenses (e.g. cost of return debits), which are incurred by CAREFYL due to absent or belated payment by the User or other disruptions to the payment by the User (e.g. a lack of funds on the account in breach of duty in case of a direct debit mandate), unless the User has no fault in these instances.
- Term of Contract, Automated Extension, Termination
6.1 The contract for a service package subject to cost will be valid for the respectively agreed term. After its end, it will respectively prolong automatically by the agreed term of the contract, whereas at most for one year, unless the User or CAREFYL terminate the contract. The User may cancel a monthly or annual subscription at any time. Cancellation is effective at the end of the applicable monthly period for monthly subscriptions, or annual period for annual subscriptions. In deviation thereof, the contract can be terminated by both Parties at any time during the free trial period; in that case, a contract on any service package subject to cost that may have been ordered in conjunction with this free trial period will also end, i.e. no contract period subject to cost will follow to this free trial period.
6.2 The contract can be determined through email, letter or phone call.
6.3 The statutory right of both Parties of extraordinary cancellation for good cause remains unaffected. Cause for extraordinary cancellation is given for CAREFYL in particular if the User intentionally provides false information in the course of the registration or order and/or later change of his/her data, or if he/she has repeatedly violated the GTC, provided that CAREFYL has given warning regarding the observation of the User’s relevant contractual duty without success before the extraordinary cancellation (warning).
6.4 Insofar as CAREFYL offers and agrees with the User on a free trial period for a service package subject to cost, the agreed contract period for the service package subject to cost shall prolong accordingly; in that case, the extended period will run first (if applicable, with an ordinary right of special cancellation by the User where agreed) followed by the regular term of the service package subject to cost.
CAREFYL provides information on fitness, health, and well-being. The user should not rely on the information provided on CAREFYL applications (including but not limited to desktop, mobile, and device applications, or websites, blogs, and social media pages maintained by CAREFYL or Alexandra Potthoff) as a substitute for professional medical advice, leave diagnosis or treatment. CAREFYL was only checked by physiotherapists, and not by doctors. CAREFYL is therefore not a healthcare provider, and our applications should not be viewed as medical advice. Engaging in fitness and health activities, including but not limited to all exercises or other forms of mental or physical exercise, creates a risk of injury.
CAREFYL assumes no guarantee or warranty for the correctness, completeness, or usefulness of the content contained in our information. The use of information on this or any other application by CAREFYL is entirely at your own risk. CAREFYL is not liable for damages, circumstances, conditions, or injuries that arise directly or indirectly through activities or ideas included in a fitness program provided by CAREFYL. By using our application, the user assumes all responsibility for his/her physical and mental health and the resulting injuries or mishaps that may affect his/her well-being or his/her health, and/or the well-being or health of other participants in any way.
CAREFYL only serves as an aid so that our users can train at home, provided that the customer’s body meets the minimum requirements. One of the minimum requirements is that the user can stand up without help and is not subject to illness. We advise every customer to have a medical examination before the start of the sports program, as everybody has personal requirements that we cannot individually address on the app and in order to prevent the risk of possibly unknown diseases. The user should not start a fitness, health, or wellness program if his/her doctor or healthcare provider advises against it. Our program requires the client to strictly follow the instructions and immediately stop exercising and consult a doctor as soon as uncomfortable feelings, pain, fainting, dizziness, weakness, instability, tremors, visual disturbances, or shortness of breath occur. We do not recommend engaging in any health or fitness activities without proper supervision if the user is pathologically overweight or if he/she has diabetes. If the user suffers from anxiety, depression, or any worsening mental state while using any of our treatments, he/she should stop immediately and consult a doctor. The user cannot use the app or website while driving, operating heavy machinery, or doing other activities that require concentration.
- Final Provisions, Miscellaneous
8.1 No verbal or written side agreements exist.
8.2 If individual provisions of these GTC or the concluded contract should be or become fully or partly invalid in other respects, the remaining contract shall stay in full force and effect. The statutory provision shall replace the invalid provision.
8.3 German law applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
8.4 The place of jurisdiction agreed for all disputes arising from the contractual relationship between the User and CAREFYL is the place of CAREFYL’s registered office if the User is a merchant, a legal entity of public law or a public-law investment fund. Irrespective thereof, CAREFYL retains the right to sue the User also at its statutory place of jurisdiction.
8.5 In the case of complaints about CAREFYL, the User can contact the European platform for online dispute resolution in consumer matters: https://ec.europa.eu/consumers/odr/
8.6 CAREFYL is not obligated and not willing to participate in dispute resolution procedures before a consumer mediation office.
– END OF THE GTC –
Instruction on revocation
If you are a consumer, you have the following right of revocation:
Right of Revocation
You have the right to revoke this contract without a statement of reasons within 14 days.
The sending by you is sufficient for the revocation to be valid.
The right of revocation is valid for 14 days from the day of the conclusion of the contract.
To exercise your right of revocation, you have to inform us (CAREFYL – Alexandra Potthoff, Anna-Zammert-Str. 4, 30171 Hannover, email: email@example.com) by an unambiguous declaration (e.g. a letter sent by mail or by email) of your decision to revoke this contract. For this purpose, you can also use the attached sample revocation form (see below) but it is not mandatory to do so. Alternatively you can call: 0049 (0)15751600288
Consequences of revocation
If you revoke this contract, we shall return all payments to you that we have received from you, including delivery costs (except for the additional costs arising for the reason that you have chosen a different kind of delivery than the most affordable standard delivery offered by us), without delay and at the latest within 14 days as of the date on which the notice of your revocation of this contract was received by us. We will use the same payment method for this repayment as you have used in the original transaction, unless it was explicitly agreed otherwise with you; in no case will any fees be charged to you for this repayment.
Your right of revocation will expire early in the case of a contract for the delivery of digital contents kept on a non-physical data carrier if you have expressly agreed prior to the expiration of the revocation period that we will begin with the execution of the contract and you have confirmed that you have taken notice of losing your right of revocation by agreeing to the start of the execution of the contract.
In case of a contract for the performance of services, the following shall apply: If you have requested that the services should begin during the revocation period, you shall pay us an appropriate amount, at the rate of the services already performed up until the time when you inform us of the exercise of the right of revocation relative to the overall scope of the services intended under the contract.
– END OF THE INSTRUCTION ON REVOCATION –
Sample Revocation Form
If you wish to revoke the contract, you can fill out this form and return it to us:
CAREFYL – Alexandra Potthoff, Anna-Zammert-Str. 4, 30171 Hannover, firstname.lastname@example.org
I _______________________ hereby revoke the contract I have concluded for the purchase of the services.
Ordered on __________________ (date)
Name of consumer__________________
Address of consumer__________________
Signature of consumer (only for notification on paper) __________________
Status: March 2021